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SUPREME qOURT CLERK
IN THE SUPREME COURT OF THE STATE OF WASHINGTON
STEPHEN FA CISZEWSKI and
VIRGINIA L. KLAMON,
Respondents, NO. 92978-5
v.
ENBANC
MICHAEL R. BROWN and JILL A.
WAHLEITHNER,
Petitioners.
STEPHENS, I.-This case concerns provisions of Seattle's "Just Cause
Eviction Ordinance," codified at Seattle Municipal Code 22.206.160(C). We must
determine whether the court in an unlawful detainer action can consider evidence
challenging just cause once the landlord files the certification allowed under Seattle
Municipal Code 22.206.160(C)(4).
The court commissioner presiding over the show cause hearing in this case set
the matter for trial after determining that there were issues of fact as to the landlords'
For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
Faciszewski, et al. v. Brown, et al., 92978-5
stated reason for the eviction. The King County Superior Court revised the
commissioner's ruling, issued a writ of restitution restoring possession of the
property to the landlords, and struck the trial date because "the statutory scheme does
not require ... a trial once [the landlord files a] statement under penalty of perjury."
Verbatim Transcript of Proceedings (VTP) (Sept. 2, 2014) at 22-23. The Court of
Appeals affirmed, reading the Just Cause Eviction Ordinance to provide only for
posteviction remedies once the landlord files a certification with the city of Seattle
(City). We reverse the Court of Appeals and remand to the superior court.
FACTS AND PROCEDURAL HISTORY
Michael R. Brown and Jill A. Wah1eithner (Tenants) received a notice of
eviction from Stephen Faciszewski and Virginia L. Klamon (Landlords) invoking